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ICE Arrests Palestinian Ringleader of Anti-Israel Columbia Protests
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essentialsaltes
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Judge rules Trump administration cannot continue to detain Palestinian activist Mahmoud Khalil
In his ruling issued on Wednesday, Judge Michael Farbiarz is barring the administration from seeking to remove Khalil based on Secretary of State Marco Rubio's determination that his continued presence in the country would pose a risk to foreign policy.[The administration has 40 hours to appeal.]
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JosephZ
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Mahmoud Khalil to be Released From ICE Custody After 3 Months
A federal judge ordered the Trump administration on Friday to release Mahmoud Khalil on bail, a ruling that would end a three-month detention for Mr. Khalil, the only high-profile pro-Palestinian demonstrator in the United States who remains in confinement.
The ruling is a major victory and relief for Mr. Khalil, a Columbia University graduate and legal permanent U.S. resident who played a leading role in demonstrations at the school’s campus last year.
The administration can continue in its efforts to deport Mr. Khalil, whose wife and infant son are U.S. citizens. But, if the government heeds Judge Farbiarz’s order, it will do so with Mr. Khalil free from detention, and back in New York with his family.
A federal judge ordered the Trump administration on Friday to release Mahmoud Khalil on bail, a ruling that would end a three-month detention for Mr. Khalil, the only high-profile pro-Palestinian demonstrator in the United States who remains in confinement.
The ruling is a major victory and relief for Mr. Khalil, a Columbia University graduate and legal permanent U.S. resident who played a leading role in demonstrations at the school’s campus last year.
The administration can continue in its efforts to deport Mr. Khalil, whose wife and infant son are U.S. citizens. But, if the government heeds Judge Farbiarz’s order, it will do so with Mr. Khalil free from detention, and back in New York with his family.
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FredVB
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There are known examples of ICE grabbing citizens with appearance as basis. Without trials there is not justice. It is racist at its base. It is the same development with any totalitarian state.
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IDK. When I see someone wearing dress slacks and brogues on a construction site while shoveling dirt, and doing entry level tasks, it's a pretty clear indication that the person has limited knowledge of American culture, and is probably very foreign. If they also can't speak English, I'm personally very skeptical of their immigration status.
I don't think that makes me a racist.
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essentialsaltes
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Once again, the answer is due process.
Once again, the answer is that "No person" can be denied due process.
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- Sep 4, 2005
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The term "due process" actually raises an interesting facet of the conversation. People casually toss it around as if it's one cookie cutter process for all crimes at all levels, it's not.
Martin: The President is using tools that previous Presidents have not used in peacetime, declaring a national emergency at the southern border, invoking the Alien Enemies Act. Does the DHS believe that this Civil War-era Act allows them to skip normal immigration court proceedings and due process?
McLaughlin: Absolutely not. We don't believe that this allows us to skip due process, nor are we skipping due process. We are abiding every day by due process that is guaranteed in the U.S. Constitution. The key word is due. The Supreme Court has recognized that the amount of process that is due varies based on the situation.
The ruling McLaughlin was was referring to was this one from 2001:
Removal of Aliens Who Have Entered the United States
Earlier decisions such as Landon v. Plasencia (1982) also noted that once an alien has developed substantial connections to the U.S., their due process rights expand. (which is an acknowledgement that "due process" isn't a monolithic process in terms of procedural minutia)
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- Oct 10, 2020
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If an arresting officer grabs someone only based on race he or she can be charged and prosecuted, plus a hefty civil lawsuit would be in order. ICE is part of the Trump movement to stamp out racism, realize that, getting back to the topic of Columbia, Columbia just paid out the largest settlement for anti-Semitism in American history. And they said they will try and do better. This systemic discrimination within liberal universities is much more prevalent than some individual cases among ICE or other law enforcement.
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GoldenBoy89
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Not if their faces are covered and they refuse to identify themselves.
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- Oct 10, 2020
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You bring a lawsuit against the agency, very few lawsuits are against individuals.
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essentialsaltes
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How is that determined? An ICE officer says so? No way, José.
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ICE like any LE has investigatory skills that they use to determine if someone is an illegal or not. If by that investigation reveals they are illegal they can be deported. BY LAW they do NOT need a court order to deport unless the alien says they want a hearing. If the alien says they want a hearing they have to get one before an immigration judge who then hears the case and determines if the person is subject to deportation. If they say so then the person can be deported immediately. If the alien does not ask for a hearing then they may be deported immediately.
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